Terms of Use / Privacy Policy
TERMS OF USE
1. Your Acceptance
This website is operated by Diamond Grind, LLC (the “Company”). By using and/or visiting this website (“Website”), you accept these terms and conditions (the “Terms of Use”) and the terms and conditions of the Company’s Privacy Policy, which is published at www.diamondgrindcoping.com, and which are incorporated herein by reference. If you do not agree to any of these terms, then please DO NOT USE THE WEBSITE.
2. The Website
These Terms of Use apply to ALL individuals visiting, contributing, sharing, etc the Website (“Users”). The Website may contain references and/or links to third party companies and/or websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly RELEASE the Company from any and all liability arising from your use of ANY third-party website.
3. Website Access
A. The Company hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website is SOLELY for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without the Company's prior written consent (which the Company may withhold in its sole discretion); (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and so on, that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices, caches or archives of the materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
4. Intellectual Property Rights
The content on the Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as otherwise provided for herein, content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Content
A. User Content. The Website may now or in the future permit the submission of audio visual recordings (“Video”) or other communications submitted by you and other users (“User Content”) and the hosting and/or publishing of such User Content. In order to submit User Content, the Company will require you to create an account.
B. License. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with your User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Use. While you retain all of your ownership rights in your User Content, by submitting the User Content to the Company, you hereby grant the Company a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable right to (and the right to grant others the right to) use, reproduce, distribute, display, publicly and digitally perform the User Content and the composition associated therewith in connection with the Website and the Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels including the interactive or non-interactive digital broadcast of the User Content, including but not limited to online streaming, Internet radio broadcasting and podcasting.
C. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including any license, publishing rights, privacy and publicity rights, unless you own such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all Content and User Content if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Company reserves the right to remove Content and User Content without prior notice. The Company will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. The Company also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless the Company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
9. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
10. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
11. General
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Sonoma County, California or the United States District Court for the Northern District of California. These Terms of Use, together with the Company’s Privacy Policy at www.diamondgrindcoping.com and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
The Company reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to consistently review these Terms of Use for any changes.
Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
PRIVACY NOTICE TERMS AND CONDITIONS
Diamond Grind, LLC (the “Company”) recognizes that its members, visitors, users, and others (collectively or individually “Users”) who use www.diamondgrindcoping.com (the “Website”) value and respect their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Website. Company provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Website.
This Privacy Notice Terms and Conditions are incorporated into and is subject to our Terms of Use located above, and found at www.diamondgrindcoping.com. Your use of the Website and any personal information you provide on the Website remains subject to the terms of this Privacy Notice and our Terms of Use.
Please note that any audio recording, composition, video, image, or other content posted at the direction of Users onto the Website becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information the Company Collects
• User Provided Information: In order to operate the Website and to provide you with information about services that may be of interest to you, we may collect “personal information” (i.e., information that could be used to contact you directly, for example, full name, postal address, phone number or email address, a social security number and any other identifier that permits the physical or online contacting of a specific user), “demographic information” (for example, information that you submit, or that we collect, that is neither personal information nor financial information; this may include but is not limited to your zip code, postal code, location/hometown, gender, username, age/birth date, occupation (if applicable), interests and the content of communications between you and other members over the Website, including ). NOWHERE ON THE WEBSITE DO WE KNOWINGLY COLLECT PERSONAL INFORMATION FROM INDIVIDUALS UNLESS SPECIFICALLY AUTHORIZED, PARTICULARLY FROM ANY INDIVIDUAL(S) UNDER THE AGE OF 18 YEAR OLD, AS WE DEMAND THAT ALL USERS REPRESENT TO US THAT THEY ARE AT LEAST 18 YEARS OLD OR HAVE SUFFICIENTLY PROVIDED AUTHORIZATION FROM A PARENT/GAURDIAN TO COLLECT SUCH INFORMATION. Diamond Grind, LLC will refuse responsibility for content posted/shared/exhibited by any individual(s) outside of Diamond Grind, LLC, including the parent/guardian (s) of such individuals posted without permission on www.diamondgrindcoping.com.
• Log File Information: When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
• Clear GIFs Information: When you use the Website, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
The Way The Company Uses Your Personal Information
• If you submit personally identifiable information to us through the Website, then we will use your personal information to operate, maintain, and provide to you the features and functionality of the Website. We also use your email address and your other personal information in order to contact you in connection with your activities on the Website (including, but not limited to, confirmation emails, important news about the Website and so on). • Any video recordings that you submit to the Website may be viewed by the general public.
• We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes to the Website or for customer service purposes).
• We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
• We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
When The Company Discloses Information
• We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
• The Company also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that the Company believes, in good faith, is appropriate or necessary to enforce our Terms of Use, in order to take precautions against liability, to investigate and defend the Company against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of the Company, our Users or others.
Third-party Advertisers, Links to Other Sites
The Company allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Website. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
The Company does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks the Company to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Website, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. The Company's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
Our Commitment To Data Security
The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to the Company and you do so at your own risk. Once we receive your transmission of information, the Company makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If the Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. The Company may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us as provided in the section below, under the heading “Contact Information”.
Special Note to International Users
The Website is hosted in the United States and is intended for and directed to Users in the United States. If you are a User accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Notice, and our respective Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
In the Event of Merger, Sale, Bankruptcy or Substantial Change of Control
In the event that the Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
How to Change Your Personally Identifiable Information
After registering, you may review and request to make changes to your personally identifiable information at any time. You may review and/or make changes to your personally identifiable information by logging into your account and making such changes.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the “effective date” below. When we make any changes to our Privacy Policy, we will send a notice to your account informing you that certain changes have been made and encouraging you to revisit this web page.
In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Website constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact the Company with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
Privacy Policy Effective Date:
This Privacy Notice is effective as of July 1, 2012
Contact Information:
Please contact the Company with any questions or comments about this Privacy Notice using contact information found at www.diamondgrindcoping.com.
Diamond Grind, LLC (the “Company”) recognizes that its members, visitors, users, and others (collectively or individually “Users”) who use www.diamondgrindcoping.com (the “Website”) value and respect their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Website. Company provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Website.
This Privacy Notice Terms and Conditions are incorporated into and is subject to our Terms of Use located above, and found at www.diamondgrindcoping.com. Your use of the Website and any personal information you provide on the Website remains subject to the terms of this Privacy Notice and our Terms of Use.
Please note that any audio recording, composition, video, image, or other content posted at the direction of Users onto the Website becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information the Company Collects
• User Provided Information: In order to operate the Website and to provide you with information about services that may be of interest to you, we may collect “personal information” (i.e., information that could be used to contact you directly, for example, full name, postal address, phone number or email address, a social security number and any other identifier that permits the physical or online contacting of a specific user), “demographic information” (for example, information that you submit, or that we collect, that is neither personal information nor financial information; this may include but is not limited to your zip code, postal code, location/hometown, gender, username, age/birth date, occupation (if applicable), interests and the content of communications between you and other members over the Website, including ). NOWHERE ON THE WEBSITE DO WE KNOWINGLY COLLECT PERSONAL INFORMATION FROM INDIVIDUALS UNLESS SPECIFICALLY AUTHORIZED, PARTICULARLY FROM ANY INDIVIDUAL(S) UNDER THE AGE OF 18 YEAR OLD, AS WE DEMAND THAT ALL USERS REPRESENT TO US THAT THEY ARE AT LEAST 18 YEARS OLD OR HAVE SUFFICIENTLY PROVIDED AUTHORIZATION FROM A PARENT/GAURDIAN TO COLLECT SUCH INFORMATION. Diamond Grind, LLC will refuse responsibility for content posted/shared/exhibited by any individual(s) outside of Diamond Grind, LLC, including the parent/guardian (s) of such individuals posted without permission on www.diamondgrindcoping.com.
• Log File Information: When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
• Clear GIFs Information: When you use the Website, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
The Way The Company Uses Your Personal Information
• If you submit personally identifiable information to us through the Website, then we will use your personal information to operate, maintain, and provide to you the features and functionality of the Website. We also use your email address and your other personal information in order to contact you in connection with your activities on the Website (including, but not limited to, confirmation emails, important news about the Website and so on). • Any video recordings that you submit to the Website may be viewed by the general public.
• We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes to the Website or for customer service purposes).
• We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
• We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
When The Company Discloses Information
• We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
• The Company also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that the Company believes, in good faith, is appropriate or necessary to enforce our Terms of Use, in order to take precautions against liability, to investigate and defend the Company against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of the Company, our Users or others.
Third-party Advertisers, Links to Other Sites
The Company allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Website. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
The Company does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks the Company to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Website, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. The Company's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
Our Commitment To Data Security
The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to the Company and you do so at your own risk. Once we receive your transmission of information, the Company makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If the Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. The Company may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us as provided in the section below, under the heading “Contact Information”.
Special Note to International Users
The Website is hosted in the United States and is intended for and directed to Users in the United States. If you are a User accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Notice, and our respective Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
In the Event of Merger, Sale, Bankruptcy or Substantial Change of Control
In the event that the Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
How to Change Your Personally Identifiable Information
After registering, you may review and request to make changes to your personally identifiable information at any time. You may review and/or make changes to your personally identifiable information by logging into your account and making such changes.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the “effective date” below. When we make any changes to our Privacy Policy, we will send a notice to your account informing you that certain changes have been made and encouraging you to revisit this web page.
In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Website constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact the Company with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
Privacy Policy Effective Date:
This Privacy Notice is effective as of July 1, 2012
Contact Information:
Please contact the Company with any questions or comments about this Privacy Notice using contact information found at www.diamondgrindcoping.com.